Funeral pricing

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Funeral directors operating in Western Australia (WA) must comply with Fair Trading (Funeral Pricing Code of Practice) Regulations 2022 (WA) (the Funeral Pricing Code) from 1 May 2023.

Funeral directors operating in WA must provide a list of funeral information, services, prices and packages to consumers in a way which is easy to read and understand.

The Funeral Pricing Code sets out the rules on what information is required and how it is to be displayed. The Funeral Pricing Code enables consumers to easily access funeral prices, compare services and make better informed choices about burials and cremations.

A compliance checklist and a funeral price list template have been developed to help funeral directors meet the Funeral Pricing Code’s requirements.

Frequently Asked Questions

What are the new requirements under the Funeral Pricing Code?

You must:

  • prominently display ‘funeral information’ for goods and services you supply, on your website and at your place of business, including a price of a basic funeral package;
  • provide this funeral information to consumers within two business days of a request; and
  • provide the consumer with itemised fees for all goods and services supplied under a funeral agreement, including the total cost of the funeral before entering into the agreement.

What funeral information must be displayed?

Funeral information means the following:

  • an itemised price list showing the services supplied by the funeral director:
    • transport of the body prior to burial or cremation
    • storage of the body at a mortuary or holding room
    • hire of a refrigeration plate
    • each type of coffin, casket or shroud supplied (or the price range of all coffins, caskets or shrouds supplied)
    • care and preparation of the body prior to burial or cremation
    • viewing of the body prior to burial or cremation
    • arrangement and conduct of a funeral service (including hire of the venue)
    • burial or cremation of the body
  • the location of the mortuary or crematorium used by the funeral director
    • or the name of the owner or manager if the mortuary or crematorium used is not owned or managed by the funeral director
  • a reasonable estimate of the following disbursements –
    • cost of obtaining a death certificate
    • cost of obtaining any other certificate or permit required under the Births, Deaths and Marriages Registration Act 1998 (WA), the Cremation Act 1929 (WA), the Public Health Act 2016 (WA) or any other written law, in relation to the body
    • any fee charged by a cemetery or crematorium for a burial or cremation
  • an estimate of the price of the basic package for a burial and for a cremation arranged by the funeral director, and a list of the goods and services in the package and
  • how a body is transported prior to burial or cremation.

Is there a prescribed format for how prices must be displayed? (Price list template)

No. The price list template shows an example of the funeral information required under the new Funeral Pricing Code.

It explains how the following information can be displayed:

  • pricing where goods and services are subject to third party charges or variables
  • where you do not provide certain goods and services
  • the cost of disbursements and
  • basic funeral package.

Do I need to provide an itemised price of all goods and services I offer?

You must display prices for each of the funeral goods and services you supply that fall under the definition of ‘funeral information’ in the Funeral Pricing Code.

If you offer other goods and services, you can display the prices of these as well, however this is not a requirement.

If I do not have a website, do I need to create one to display pricing?

No. If you do not have a website, you do not need to create one. However, you must still display prices at each of your business locations. You must also provide your prices when meeting with potential consumers offsite (such as at a consumer’s home). If you create a website in the future, you will need to display pricing.

If a consumer calls asking for funeral information, how much time do I have to provide it?

The information must be provided within two business days after receiving the request, or within another period agreed between you and the consumer.

What format can I use to provide funeral information?

You can provide consumers with their pricing information digitally via email or by directing them to your website.

If the consumer does not have access to the internet you may need to supply a hard copy of the funeral information via post or in-person.

What am I required to provide to the consumer before entering into an agreement?

Before entering into agreement with a consumer you must provide the following:

  • price of each of the particular goods and services to be supplied to them under the agreement;
  • costs of any disbursements payable by them under the agreement; and
  • total amount payable for the funeral under the agreement.

Can I continue to maintain existing package prices?

Yes. Prices of any funeral packages offered can also be displayed but must be in addition to the itemised price list of goods and services. This means a funeral package price list cannot be used in place of an itemised price list of good and services.

Can I provide a “basic funeral service”?

Yes, the Funeral Pricing Code requires all funeral directors to provide the price of a basic funeral package. The itemised prices of the goods and services provided in the basic funeral package must be displayed.

What is meant by basic package?

A basic package is the least expensive combination of essential goods and services. An example could be a ‘no service, no attendance’ burial or cremation. If a good or service is essential for a burial or cremation, it must still be included, even if you do not supply it.

You must specify what goods and services are included in the basic package. The basic package does not need to be an existing ‘package’ offered by your business.

If I offer many different types of coffins – am I required to provide an itemised price for each coffin?

You must provide the price of each type of coffin, casket or shroud supplied, or the price range for all coffins, caskets or shrouds you offer. For example, you could provide pricing information on the three top selling coffins and must then also provide a total price range for all coffins supplied.

What is meant by ‘prominently display’?

‘Prominently display’ is a matter for you to decide based on your business operating model.

If you have a website, your home page should display:

  • the funeral information; or
  • a clear notice on how to access price information.

The prices must be clearly visible to the reader.

A brochure or sign showing prices may also be displayed on the reception counter of each place of business.

Can I qualify pricing for certain services?

Yes. The Funeral Pricing Code does not require fixed pricing for each service. You can display your prices in several ways, for example, you can offer the viewing of the body at a flat rate within a certain timeframe or on a per hour basis with excess fees for viewing outside of business hours.

Am I required to display a flat rate for transport from the place of death to the mortuary?

The Funeral Pricing Code provides discretion on how you break down and display prices for transportation. Some may charge a flat rate for set amount of kilometres (for example 70 kilometres) or alternatively set a fee per kilometre.

You are required to provide the total amount payable prior to entering into an agreement.

What non-pricing related information must be disclosed?

You must disclose the location of the mortuary or crematorium you use. If you do not own the facility, you must include the name of the owner or manager.

You must display details about how a body is to be transported prior to burial or cremation.

Do I have to display on my website or place of business fees charged by third parties such as cemeteries and crematoriums?

No. You are only required to display your own fees and charges for goods and service supplied by yourself.

It is optional for you to display fees and charges levied by third parties.

You are required to provide itemised prices for all goods and services included in the basic package, including those supplied by third parties. You are also required to provide the total amount payable before entering into an agreement.

Do I have to wait after providing general pricing information before providing a prospective consumer with a quote?

No. If the consumer requests the information prior to obtaining a formal quotation, then this must be provided within two business days or within another period agreed between the you and the consumer.

There is no ‘waiting’ period once you have provided the consumer with the prescribed information. They can be provided with a quote and enter into an agreement at any time after the information is provided.

If I do not offer a full funeral service or have a place of business, does the Funeral Pricing Code still apply?

Yes. A funeral director is someone who provides funeral goods and services in connection to providing a funeral. This includes organising funeral and death notices, and mortuaries facilities and/or services; supplying coffins, caskets or urns, memorials, transportation of deceased body and guests; granting a right of burial; carrying out a funeral service; and arranging the collection, transport, storage, preparation or embalming of bodies for the purposes of the burial or cremation of bodies.

Can I seek an exemption from the application of the Funeral Pricing Code?

No. The Funeral Pricing Code applies equally to all funeral directors operating in WA.

Do I need to provide a price for professional service fees?

The Funeral Pricing Code does not make it a requirement for you to display a professional service fee, but you may choose to display the fee on their website or place of business.

Before entering into an agreement, it is a requirement for you to disclose the price of all goods and services to be supplied, including the professional service fee (if applicable).

What are the consequences of non-compliance with the Funeral Pricing Code?

If a funeral director has been found in breach of the Funeral Pricing Code they may be given a notice or the State Administrative Tribunal (SAT) may make either or both of the following orders, under section 47 of the Fair Trading Act 2010 (WA), to:

  • cease contravening the Funeral Pricing Code; or
  • rectify any consequence of the contravention.

Failure to comply with a SAT order may result in a maximum fine of $50,000.

What laws establish the Funeral Pricing Code?

The Funeral Pricing Code is established under the Fair Trading (Funeral Pricing Code of Practice) Regulations 2022 (WA) (Funeral Pricing Code) and the Fair Trading Act 2010 (WA).

Do any other Australian jurisdictions have similar regulations?

Yes. New South Wales and Queensland have already implemented similar legislation. WA’s Code is based on the same model. Some other Australian jurisdictions are considering possibly introducing similar regulations.

Further information

If you have further queries in regards to the Funeral Pricing Code, you can contact Consumer Protection on 1300 30 40 54 or by email 

View a copy of the Funeral Pricing Code Gazette 160 of 2022 published 8 November 2022 (legislation.wa.gov.au) 

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